The Court considered whether it had jurisdiction to grant permission to appeal against a decision of the President of the Upper Tribunal (Lands Chamber) refusing permission to appeal to the UT against a decision of the Leasehold Valuation Tribunal. Section 175 of the 2002 Act provided that a party to proceedings before a LVT may … Continue reading The Wellcome Trust Ltd v 19-22 Onslow Gardens Freehold: CA 5 Jul 2012
The claimant appealed against the refusal of the defendant to remove his name from the list of those barred from working with children. He had been a GP. Though not priosecuted for any criminal offence the Professional Conduct Committee had found his misconduct proved and he had been suspended from the Medical register for twelve … Continue reading Sarfraz v Disclosure and Barring Service: CA 22 May 2015
The appeal is allowed. The decision of the First-tier Tribunal on the papers on 31 October 2019 under reference EH935/1900089 involved the making of an error of law and is set aside. Acting under section 12(2)(b) of the Tribunals, Courts and Enforcement Act 2007, I remake the decision in terms that the claim is to … Continue reading F v Responsible Body of School W: UTAA 6 Apr 2020
The claimants renewed their applications for leave to appeal against decisions of the Upper Tribunal Immigration and Asylum Chamber – possible test cases on the application of the ‘second-tier appeals test’ – refused Judges: Lord Neuberger MR, Sir Anthony May P, Carnwath LJ Citations: [2012] 1 WLR 73, [2011] EWCA Civ 988, [2011] Imm AR … Continue reading PR (Sri Lanka) and Others v Secretary of State for The Home Department: CA 11 Aug 2011
(1) A decision by the First-tier Tribunal not to decide a ground of appeal constitutes a ‘decision’ for the purposes of s.11(1) of the Tribunals, Courts and Enforcement Act 2007. It may therefore be appealed to the Upper Tribunal. (2) If an appellant’s appeal before the First-tier Tribunal succeeds on some grounds and fails on … Continue reading Smith (Appealable Decisions; PTA Requirements; Anonymity : Belgium): UTIAC 28 Jun 2019
The procedural issue: appeals under section 11 of the TCEA 2007 (1) The appellate regime established by the Nationality, Immigration and Asylum Act 2002, as amended, is concerned with outcomes comprising the determination of available grounds of appeal; (2) A party who has achieved the exact outcome(s) sought by way of an appeal to the … Continue reading Binaku (S 11 TCEA; S 117C NIAA; Para 399D): UTIAC 27 Jan 2021
Appeals Under Section 13 of The Tribunals, Courts and Enforcement Act 2007 By Judges: Lord Doherty Citations: [2020] ScotCS CSIH – 60, [2020] CSIH 60, [2020] STC 2125, 2020 GWD 30-394, 2021 SC 123, [2020] BVC 19, 2020 SLT 1131 Links: Bailii Jurisdiction: Scotland Cited by: Appeal from – DCM (Optical Holdings) Ltd v Revenue … Continue reading DCM (Holdings) Ltd v The Commissioners for Her Majesty’s Revenue and Customs: SCS 8 Sep 2020
UTIAC 1. There is no right of appeal to the Upper Tribunal against a decision not to extend time under rule 10 of the First-tier Tribunal Procedure Rules when a notice of appeal has been given out of time. It is a ‘preliminary decision made in relation to an appeal’ within Art 3(m) of the … Continue reading NA (Excluded Decision; Identifying Judge) Afghanistan: UTIAC 20 Oct 2010
The issue in this case was whether there is a right of appeal to the Upper Tribunal against a review decision of the Special Educational Needs Tribunal for Wales. The Upper Tribunal decides that there is a right of appeal, which is not the case for review decisions of the First-tier Tribunal. The application of … Continue reading AB v Newport City Council: UTAA 28 Jun 2022
The claimant sought to appeal against refusal of relief from payment of sums assessed by way of penalty, on the basis of hardship. HMRC argued that the right of appeal underthe 2007 Act had been taken away by the 1994 Act. Judges: Simon J Citations: [2012] QB 358, [2011] BVC 211, [2012] 2 WLR 435, … Continue reading Totel Ltd, Regina (on The Application of) v The First Tier Tribunal (Tax Chamber) and Others: Admn 24 Mar 2011
G was a prisoner who was refused permission by the Home Secretary to consult a solicitor with a view to bringing libel proceedings against a prison officer. The court construed article 6 of ECHR, which provides that ‘in the determination of his civil rights . . everyone is entitled to a fair . . hearing’, … Continue reading Golder v The United Kingdom: ECHR 21 Feb 1975
Unison brought two challenges to rules brought in to impose fees for the bringing of cases in the Employment Tribunal. Held: The appeals were dismissed. The imposition of a fee would not constitute an interference with the right of effective access to a tribunal under EU law unless it made it impossible in practice to … Continue reading Unison, Regina (on The Application of) v The Lord Chancellor: CA 26 Aug 2015
UTTC TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007COMPENSATION – compulsory purchase – value of land taken – severance and injurious affection – valuation – comparables – disturbance – Land Compensation Act 1961 section 5, rules (2) and (6); Compulsory Purchase Act 1965 section 7 – compensation determined at pounds 544,400 Citations: [2011] UKUT 18 (LC) Links: … Continue reading East Cheshire Council, Re Heawood Hall Cottage: UTTC 14 Jan 2011
The court was asked as to the lawfulness of the Secretary of State making deductions from ongoing social security benefit to recover the overpayment of incapacity benefit and the repayment of a social fund budgeting loan during the moratorium period of a debt relief order. Held: The Secretary of state could not deduct the sums … Continue reading Payne and Another, Regina (on The Application of) v Secretary of State for Work and Pensions: Admn 26 Jul 2010
The claimant had sought and been refused judicial review of a decision of the SIAC Upper Tribunal. The Upper Tribunals were designated as courts of superior record, and the court at first instance had said that SIACs specialist procedures and jurisdiction meant that it was amenable to judicial review, but only on grounds of excess … Continue reading Cart, Regina (on The Application of) v The Upper Tribunal and Others: CA 23 Jul 2010
(1) Section 117A of the Nationality, Immigration and Asylum Act 2002 requires the Upper Tribunal, in a judicial review involving Article 8(2) ECHR, to have regard to the considerations mentioned in section 117B and, where relevant, section 117C, when considering the question whether an interference with a person’s right to respect for private and family … Continue reading Khairdin, Regina (on The Application of) v Secretary of State for The Home Department (NIA 2002: Part 5A) (IJR): UTIAC 28 Nov 2014
The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception to state immunity. Held: The Kingdom’s appeal succeeded. The protection of state immunity was essentially a … Continue reading Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others: HL 14 Jun 2006
Preserving findings of fact (1) Whether and, if so, when the Upper Tribunal should preserve findings of fact in a decision of the First-tier Tribunal that has been set aside has been considered by the Higher Courts in Sarkar v Secretary of State for the Home Department [2014] EWCA Civ 195, TA (Sri Lanka) v … Continue reading AB (Preserved FTT Findings; Wisniewski Principles) Iraq: UTIAC 11 Aug 2020
No Condemnation Without Opportunity For Defence Ridge, a Chief Constable, had been wrongfully dismissed without being given the opportunity of presenting his defence. He had been acquitted of the charges brought against him, but the judge at trial had made adverse comments about his behaviour. He now accepted that he should leave, but sought to … Continue reading Ridge v Baldwin (No 1): HL 14 Mar 1963
[1] Rule 9 of the 2014 Rules operates in conjunction with section 29 of the Tribunals, Courts and Enforcement Act 2007. [2] The only powers to award fees or costs available to the First-tier Tribunal (the ‘FtT’) are those contained in Rule 9 of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 … Continue reading Cancino (Costs – First-Tier Tribunal – New Powers): UTIAC 28 Jan 2015
The issue raised on this appeal concerns the extent to which the jurisdiction of the First-tier Tribunal to make an order for costs is fettered by the provisions of the Rules regulating the procedure of the Tribunal. Held: With one exception, under rule 10(1), the FTT can only make two types of costs order. The … Continue reading Eclipse Film Partners No 35 Llp v Revenue and Customs: SC 11 May 2016
Application for permission to appeal from a decision of the Upper Tribunal Lands Chamber, itself on appeal from a decision of the Land and Leasehold Valuation Tribunal for the Wales Rent Assessment Committee. There are two issues on this application. First, does the second appeal test set out in the Appeals from the Upper Tribunal … Continue reading Clarise Properties Ltd v Rees and Another: CA 29 Jul 2015
The union appellant challenged the validity of the imposition of fees on those seeking to lay complaints in the Employment Tribunal system. Held: The appeal succeeded. The fees were discriminatory and restricted access to justice. The consequence of the order had been very substantially to reduce the number of cases coming before the tribunal, and: … Continue reading Unison, Regina (on The Application of) v Lord Chancellor: SC 26 Jul 2017
As the decision of the First-tier Tribunal (made on 6 June 2014 at Liverpool under reference SC064/14/00236) involved the making of an error in point of law, it is SET ASIDE under section 12(2)(a) and (b)(ii) of the Tribunals, Courts and Enforcement Act 2007 and the decision is RE-MADE. The decision is: The claimant is … Continue reading Secretary of State for Work and Pensions (AA) v AK (European Union Law : Council Regulations 1408/71/Eec and (Ec) 883/2004 ): UTAA 4 Mar 2015
PROCEDURE – application for permission to appeal – decisions of first-tier tribunal in rent cases – appeal on point of law only – criteria to be applied – s. 11, Tribunals Courts and Enforcement Act 2007 – permission granted [2014] UKUT RAP-19-2013 (LC) Bailii England and Wales Housing Updated: 03 December 2021; Ref: scu.525945
Limitations to Judicial Reviw of Upper Tribunal Three claimants sought to challenge decisions of various Upper Tribunals by way of judicial review. In each case the request for judicial review had been first refused on the basis that having been explicitly designated as higher courts, the proper scope of judicial review was limited or excluded. … Continue reading Cart v The Upper Tribunal: SC 21 Jun 2011
The respondent had had prepared a report as to the balance of its reporting of the Israeli-Palestinian conflict. Earlier proceedings had established that the purposes of the holding of the reporting included jurnalism. The claimant now appealed against an order by the Information Tribunal saying that if the purposes included journalism, then other purposes for … Continue reading Sugar v The British Broadcasting Commission and Another (No 2): CA 23 Jun 2010
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
UTIAC (1) Rule 17 (withdrawal) of the Tribunal Procedure (Upper Tribunal) Rules 2008 does not enable the Upper Tribunal to withhold consent to the withdrawal by the Secretary of State of the decision against which a person appealed to the First-tier Tribunal. (2) Where such a decision is withdrawn in appellate proceedings before the Immigration … Continue reading SM (Withdrawal of Appealed Decision: Effect) (Pakistan): UTIAC 11 Feb 2014
Discrimination – Shifting Burden of Proof (Preliminary Ruling) A woman was employed as a speech therapist by the health authority. She complained of sex discrimination saying that at her level of seniority within the NHS, members of her profession which was overwhelmingly a female profession, were appreciably less well paid than members of comparable professions … Continue reading Enderby v Frenchay Health Authority and Another: ECJ 27 Oct 1993
The appellant’s daughter had been stopped entering the country with andpound;150,000 in cash. The police sought an order for its forfeiture, suspecting a link with terrorism. The magistrates found no evidence of such, and declined to make the order, but equally refused to award the defendant her costs. She now appealed against the refusal to … Continue reading Perinpanathan, Regina (on The Application of) v City of Westminster Magistrates Court and Another: CA 4 Feb 2010
ic_fsa Information rights – Data protection – whether a person’s name constitutes personal data. As the decision of the First-tier Tribunal (made on 16 April 2012 under reference EA/2011/0132) involved the making of an error in point of law, it is SET ASIDE under section 12(2)(a) and (b)(ii) of the Tribunals, Courts and Enforcement Act … Continue reading The Information Commissioner v The FSA and Edem: UTAA 11 Dec 2012
The respondent had issued bonds but in 2001 had declared a moratorium on paying them. The appellant hedge fund later bought the bonds, heavily discounted. Judgment was obtained in New York, which the appellants now sought to enforce against assets in the UK. They argued that the terms of issue waived state immunity. Held: The … Continue reading NML Capital Ltd v Argentina: SC 6 Jul 2011
UTIAC (i) Neither s.18, nor any other provision in the Tribunals, Courts and Enforcement Act 2007 (‘the 2007 Act’), nor any provision in the Tribunal Procedure (Upper Tribunal) Rules 2008 gives the Upper Tribunal a discretionary power to transfer to the High Court a case which has been begun in the Upper Tribunal. Where a … Continue reading B, Regina (on The Application of) v Secretary of State for The Home Department (Rule 33A Jr Amendments and Transfers) (IJR): UTIAC 15 Mar 2016
LRA Costs : Parties Without Representation – Litigants in person – entitlement to costs and expenses; Litigants in Person (Costs and Expenses) Act 1975, s 1(1), (2); Civil Procedure Rules: CPR 2.3(3), 48.6(1) – . .
The court was asked whether the supervisory jurisdiction of the High Court, exercisable by way of judicial review, extends to such decisions of the Special Immigration Appeals Commission (SIAC) and the Upper Tribunal (UT) as are not amenable to any . .
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